Terms of Service

1. Agreement

These Terms govern your use of EverBooking (the "Service") operated by Uxtra Creatives ("Provider", "we"). By using the Service, Client agrees to these Terms. If Client has a signed Master Service Agreement with us, that agreement takes precedence over these Terms.

2. The Service

EverBooking is a managed appointment booking platform. We provision and configure an account for each Client, who then manages their bookings via a dashboard and embeds a booking widget on their website.

3. Account provisioning

Accounts are created by us after the pre-sales process completes. Clients do not self-register. Clients are responsible for (a) the accuracy of information provided during onboarding; (b) keeping their Google account secure; (c) the lawfulness of collecting end-customer data via the booking widget.

4. Acceptable use

Client may not:

• Use the Service to send spam, phishing, or unsolicited commercial messages.
• Attempt to reverse engineer, probe for vulnerabilities, or bypass rate limits without prior written consent.
• Collect personal data through the widget in a way that violates applicable privacy law.
• Use the Service for any unlawful or harmful activity.

We may suspend an account for violations after reasonable notice, except where immediate suspension is required to protect the Service or third parties.

5. Fees & billing

Fees are stated in the Client's order form or invoice. Unless otherwise agreed, fees are invoiced monthly in advance. Late payments accrue interest at the lower of 1% per month or the maximum rate permitted by law. Taxes are additional.

6. Data ownership

Client retains all rights to their data. We process Client data only to provide the Service. End-customer data is governed by the Data Processing Addendum.

7. Service level

We target 99.5% monthly uptime for the core booking API. Scheduled maintenance windows (notified at least 48 hours in advance) are excluded from this calculation. Service credits for missed uptime are available on Professional and Enterprise plans.

8. Termination

Either party may terminate with 14 days' notice. On termination, Client may export all data for 30 days, after which it is permanently deleted except where retention is required by law. Pre-paid fees for periods after termination are not refunded unless termination is for our material breach.

9. Warranty disclaimer

The Service is provided "as is". We disclaim all warranties to the maximum extent permitted by law. We do not warrant that the Service will be uninterrupted, error-free, or fit for any particular purpose beyond the documented functionality.

10. Liability

To the maximum extent permitted by law, our aggregate liability for all claims arising out of or relating to the Service is limited to fees paid by Client in the 12 months preceding the claim. Neither party is liable for indirect, consequential, or lost-profits damages. This limitation does not apply to fraud, willful misconduct, or death or personal injury caused by negligence.

11. Indemnity

Client indemnifies Provider against claims arising from Client's data, Client's use of the Service in violation of these Terms, or Client's violation of applicable law. Provider indemnifies Client against third-party claims that the Service infringes a third party's intellectual property rights.

12. Governing law

These Terms are governed by the laws of the jurisdiction in which Provider is incorporated. Disputes are subject to the exclusive jurisdiction of that jurisdiction's courts.

13. Changes

Material changes are notified by email at least 30 days before taking effect. Continued use of the Service after changes take effect constitutes acceptance.